1. This Schedule applies to the determination of the remuneration payable to representatives for providing representation (higher courts).N.I.
2. The Department shall determine the claim submitted under Article 8 in accordance with the rates or fees set out in the relevant Table in Parts 2 to 6 of this Schedule, as applicable, and pay the assessed remuneration to the [F1representative] .N.I.
Textual Amendments
F1Word in Sch. 4 para. 2 substituted (1.7.2019) by The Civil Legal Services (Remuneration) (Amendment) Order (Northern Ireland) 2019 (S.R. 2019/119), arts. 1, 8(1)
3. For proceedings listed within Part 2 of this Schedule, where a representative considers that the sum allowable under Table 1 or Table 2, as applicable, would not provide reasonable remuneration according to the work reasonably undertaken and properly done, the representative may apply to the judge before whom the proceedings took place for a certificate that for any reason including the exceptional length, difficulty or complexity of the proceedings the limitation on the sums allowable under Table 1 or Table 2, as applicable, shall not apply and where such certificate is granted the Department shall allow remuneration under Table 3 to 19, as applicable.N.I.
4. Where a judge has granted a certificate under paragraph 3, and there is a combination of proceedings heard together, the highest applicable composite fee will be payable with an additional payment of 30% of the composite fee in respect of the first related proceedings and an additional payment of 20% of the composite fee in respect of the second related proceedings.N.I.
5. For proceedings listed within Part 3 of this Schedule, where the costs have been taxed by a district judge, the Department will pay remuneration to the solicitor on foot of the taxed bill. If the proceedings are withdrawn, abandoned or discontinued the representative's claim will be assessed by the Department in accordance with Tables 1 to 4, as applicable.N.I.
6. For proceedings listed within Parts 4, 5 and 6 of this Schedule, the sums allowed to representatives in any proceedings shall, subject to Article 5(2)(a) and (b), be assessed by the Department in accordance with the Tables set out in the relevant Part, as applicable to the nature of the proceedings and the items of work in question.N.I.
[F27. In this Schedule, any reference to “Letters” or “letters” shall be taken to include reference to emails.N.I.
Textual Amendments
8. For the proceedings listed in Part 2 of this Schedule, any claim by a solicitor for travelling and mileage to attend Court shall be from the solicitor’s office to which the certificate relates. Any claim by Counsel for travelling and mileage to attend Court shall be from the Bar Library, 91 Chichester Street Belfast BT1 3JQ.N.I.
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9. For proceedings falling to be remunerated under Tables 3 to 11 of Part 2 of this Schedule, no claims for waiting time shall be entertained.N.I.
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10. For proceedings falling within Table 1 of Part 3, no claim for mileage shall be entertained. Any claim by a solicitor for travelling to attend Court shall be from the solicitor’s office to which the certificate relates.N.I.
Textual Amendments
11.—(1) For proceedings listed within Tables 2, 3 and 4 of Part 3 of this Schedule and proceedings listed within Part 4 of this Schedule, travel may be claimed as follows and claims shall not be entertained for mileage or waiting—N.I.
(a)Counsel travelling to attend a court─
(i)20 to 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £23;
(ii)More than 50 miles from the Head Post Office, Belfast, is entitled to an additional sum of £46.
(b)Solicitor travelling to attend a court─
(i)20 to 50 miles from the solicitor’s office, or where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £23;
(ii)More than 50 miles from the solicitor’s office, or where the solicitor’s firm practises from more than one office, from the office which dealt with the proceedings is entitled to an additional sum of £46.
(2) Where a solicitor or counsel has conducted more than one case in the same day at the same venue, the fee set out in sub-paragraph (1) may be claimed once only and the fee shall be divided proportionately over the number of cases conducted by the solicitor or counsel.
Textual Amendments
12. In any proceedings listed in Part 5 of this Schedule to which travel and mileage are payable, any claim by a solicitor for travelling and mileage to attend Court shall be from the solicitor’s office to which the certificate relates and any claim by Counsel for travelling and mileage to attend Court shall be from the Bar Library, 91 Chichester Street Belfast BT1 3JQ.N.I.
Textual Amendments
13. In respect of claims for costs made under Table 1 of Part 5 of this Schedule, travel may be claimed by solicitor only from the solicitor’s office to which the certificate relates at the rate of £15 per hour and mileage at the rate of 35.7p per mile. No claim shall be entertained for waiting time.N.I.
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14. In respect of any claim for costs made under Table 2 of Part 5 of this Schedule, no claim for travelling or waiting time or mileage shall be entertained.N.I.
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15. In respect of any claim for costs made under Table 3 of Part 5 of this Schedule, no claim for mileage shall be entertainedN.I.
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16. For the proceedings listed in Part 6 of this Schedule, a solicitor may claim for mileage only from the solicitor’s office to which the certificate relates at the rate of 35.7p per mile. No claim shall be entertained for travel and waiting time.N.I.
Textual Amendments
17. Unless otherwise prescribed by this Schedule, travel and waiting time where payable, may be claimed by solicitors at the rate of £29.25 per hour and mileage where payable may be claimed at the rate of 35.7p per mile for proceedings falling within this Schedule.N.I.
Textual Amendments
18. Unless otherwise prescribed by this Schedule, travel time where payable may be claimed by authorised counsel at the rate of £12 per hour and mileage where payable may be claimed at the rate of 35.7p per mile for proceedings falling within this Schedule.]N.I.
Textual Amendments